Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 111 contracts
Samples: Forward Confirmation (Old National Bancorp /In/), Forward Confirmation (Old National Bancorp /In/), Atm Equity Offering Sales Agreement (American Healthcare REIT, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 60 contracts
Samples: Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp), Distribution Agreement (PNM Resources Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Agreement to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCompany, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction transactions contemplated by this Agreement and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only Company to the extent of any such performance.
Appears in 34 contracts
Samples: Capped Call Early Unwind Agreement (SoFi Technologies, Inc.), Warrant Termination Agreement (Kbr, Inc.), Warrant Termination Agreement (Kbr, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the this Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 12 contracts
Samples: Forward Confirmation (W. P. Carey Inc.), Forward Confirmation (W. P. Carey Inc.), Forward Confirmation (W. P. Carey Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Agreement to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterpartythe Company, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction transactions contemplated by this Agreement and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only the Company to the extent of any such performance. [Signature pages follow.]
Appears in 11 contracts
Samples: Call Option Partial Unwind Agreement (Dick's Sporting Goods, Inc.), Warrants Total Unwind Agreement (Dick's Sporting Goods, Inc.), Call Option Total Unwind Agreement (Dick's Sporting Goods, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 9 contracts
Samples: Base Warrant Transaction (Teradyne, Inc), Base Bond Hedge Transaction (Teradyne, Inc), Base Bond Hedge Transaction (Teradyne, Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Agreement to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterpartythe Company, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction transactions contemplated by this Agreement and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only the Company to the extent of any such performance.
Appears in 5 contracts
Samples: Warrants Partial Unwind Agreement (Dick's Sporting Goods, Inc.), Call Option Total Unwind Agreement (Dick's Sporting Goods, Inc.), Warrants Total Unwind Agreement (Dick's Sporting Goods, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCounterparty and/or Parent, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only and Parent to the extent of any such performance.
Appears in 4 contracts
Samples: Call Option Transaction (Nabors Industries LTD), Additional Call Option Transaction (Nabors Industries LTD), Base Call Option Transaction (Nabors Industries LTD)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 4 contracts
Samples: Call Option Transaction (Haemonetics Corp), Call Option Transaction (Haemonetics Corp), Call Option Transaction (Pegasystems Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCompany or Issuer, as applicable, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only Company to the extent of any such performance.
Appears in 3 contracts
Samples: Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group N.V.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only solely to the extent of any such performance.
Appears in 3 contracts
Samples: Base Convertible Bond Hedge Transaction (Supernus Pharmaceuticals Inc), Additional Convertible Bond Hedge Transaction (Supernus Pharmaceuticals Inc), Underwriting Agreement (Exelon Corp)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive receive, or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only solely to the extent of any such performance.
Appears in 3 contracts
Samples: Confirmation (Waha Capital PJSC), Funded Collar Transaction Confirmation (Waha Capital PJSC), Funded Collar Transaction (Waha Capital PJSC)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the any Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 3 contracts
Samples: Confirmation of Transaction (Affiliated Managers Group, Inc.), Confirmation of Transactions (Affiliated Managers Group, Inc.), Confirmation of Registered Forward Transactions (Affiliated Managers Group Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the this Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 3 contracts
Samples: Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP), Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP), Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP)
Designation by Dealer. Notwithstanding any other provision in of this Master Confirmation or any Supplemental Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the any Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Agreement to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterpartythe Company, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction transactions contemplated by this Agreement and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only the Company to the extent of any such performance.
Appears in 2 contracts
Samples: Capped Call Early Unwind Agreement (Encore Capital Group Inc), Capped Call Partial Unwind Agreement (Herbalife Nutrition Ltd.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Master Confirmation, each Instruction or Terms Agreement and the Pricing Supplement, if any, to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the any Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 2 contracts
Samples: Master Confirmation (Affiliated Managers Group, Inc.), Master Confirmation (Affiliated Managers Group, Inc.)
Designation by Dealer. Notwithstanding any other provision in this any Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the any Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 2 contracts
Samples: Master Forward Confirmation (DUKE REALTY LTD PARTNERSHIP/), Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only solely to the extent of any such performance.
Appears in 2 contracts
Samples: Additional Capped Call Transaction (Sunedison, Inc.), Base Capped Call Transaction (Sunedison, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCompany, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only Company to the extent of any such performance.
Appears in 2 contracts
Samples: Warrant Agreement (Molina Healthcare Inc), Base Warrants Confirmation (Molina Healthcare Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyIssuer, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only Issuer solely to the extent of any such performance.
Appears in 2 contracts
Samples: Base Issuer Warrant Transaction (Supernus Pharmaceuticals Inc), Additional Issuer Warrant Transaction (Supernus Pharmaceuticals Inc)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyEssential, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty Essential only to the extent of any such performance.
Appears in 1 contract
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCompany, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty Company only to the extent of any such performance.
Appears in 1 contract
Samples: Registered Forward Confirmation (Essential Utilities, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 1 contract
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 1 contract
Samples: Base Note Hedge Transaction (Medicis Pharmaceutical Corp)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.performance.]4
Appears in 1 contract
Samples: Equity Distribution Agreement (CareTrust REIT, Inc.)
Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only solely to the extent of any such performance.
Appears in 1 contract
Samples: Base Convertible Bond Hedge Transaction (Kaman Corp)
Designation by Dealer. Notwithstanding any other provision in this Confirmation Agreement to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from CounterpartyCompany, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction transactions contemplated by this Agreement and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only Company to the extent of any such performance.
Appears in 1 contract
Designation by Dealer. Notwithstanding any other provision in this Confirmation anything to the contrary herein requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Designation by Dealer. Notwithstanding any other provision in this Confirmation anything to the contrary herein requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s Dealer obligations in respect of the each Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Lithia Motors Inc)
